IN THE CASE OF:	  

		BOARD DATE:  18 June 2013

		DOCKET NUMBER:  AR20120020890 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Bronze Star Medal.

2.  He states, in effect, that an administrative error resulted in omission of the Bronze Star Medal from his DD Form 214.

3.  He provides his DD Form 214, General Orders Number 246, and Bronze Star Medal Certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 23 November 1971.  He completed training and was awarded military occupational specialty 95B (Military Policeman (MP)).

3.  His records contain Special Orders Number 50 issued by Headquarters, 4th Advanced Individual Training Brigade (MP), Fort Gordon, GA, dated 22 March 1972, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  His records contain (and he also provides) General Orders Number 246 issued by Headquarters, U.S. Army Vietnam/Military Assistance Command Vietnam Support Command, dated 12 February 1973, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 6 May 1972 through 5 April 1973.

	b.  item 38 (Record of Assignments), while in Vietnam he was assigned to:

* Company A, 720th MP Battalion, from 13 April through 11 July 1972
* 615th MP Company from 12 July through 11 November 1972
* Company B, 716th MP Battalion, from 12 November 1972 through 12 January 1973
* Company C, 716th MP Battalion from 13 January through on or about 4 March 1973

	c.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  On 21 November 1973, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four/E-4 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 29 days of total active service.


8.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Cease-Fire Campaign (30 March 1972-28 January 1973).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned were cited for award of the:

* Meritorious Unit Commendation for the period 12 July through 11 November 1972 in Department of the Army General Orders (DAGO) Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 September 1966 through 28 March 1973 in DAGO Number 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 29 September 1966 through 28 March 1973 in DAGO Number 6, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  General orders awarded the applicant the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 should be corrected to show this badge.

4.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 23 November 1971 through 21 November 1973 and to correct his DD Form 214 to show this award.

5.  Records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

6.  His units in Vietnam were cited for the following unit awards which should be added to his DD Form 214:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 23 November 1971 through 21 November 1973,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)



      _______ _  X ______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20120020890



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ABCMR Record of Proceedings (cont)                                         AR20120020890



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